Genetically Modified Organisms (Deliberate Release) Regulations 2002

General conditions in consents to release or market

29.—(1) Section 112 of the Act (consents: limitations and conditions) is amended as follows.

(2) In subsection (1) (power of Secretary of State or National Assembly for Wales to impose limitations and conditions) at the end insert “ for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the activity permitted by the consent ”.

(3) In subsection (5) (implied condition when releasing or marketing)—

(a) in paragraph (b) (obligation to notify Secretary of State or National Assembly for Wales of new information etc)—

(i) after “Secretary of State” insert “ forthwith ”,

(ii) omit sub-paragraph (ii), and

(iii) after that sub-paragraph insert—

“(iii) any unforeseen event, occurring in connection with a release by him, which might affect the risks there are of damage to the environment being caused as a result of their being released;”,

(b) for paragraph (c) (duty as regards preventing damage to environment) substitute—

“(c) take such measures as are necessary to prevent damage to the environment being caused as a result of the release or, as the case may be, the marketing of the organisms;”,

and

(c) after that paragraph insert—

“(d) notify the Secretary of State of the measures (if any) taken as a result of new information becoming available or an unforeseen event occurring as described in paragraph (b)(iii) above; and

(e) in a case where new information becomes available or an unforeseen event so occurs, revise the information contained in his application for a consent accordingly and supply the revised information to the Secretary of State.”.